Can they do that?

[Sinamenone]

What is the name of your state (only U.S. law)? PA

Good morning, I'm writing on behalf of my gf in Philly. Last Friday she rear ended a woman & her 2 kids. No one @ the time claimed injury, but my gf's car was damaged. She phoned her insurance company & they had her send her car to some mechanic. Yesterday, an insurance agent phoned her & told her the adjuster is declaring her vehicle totalled. They also said they'll be removing the car from the body shop. She's upset especially because she's still making payments on her car. I wanted to upload pictures, but I don't see where I can do that.
Can the insurance company take her car?
Can she take the car to another body shop?

Thanks in advance.

 

[HighwayMan]

She is insured and it is the insurance company's determination that the car is totaled. Taking it to another body shop won't get her anywhere.

Usually the car can be kept but the insurance company will pay a reduced amount. Also, do you know how difficult it is to get a totaled car legally back on the road? It is rarely worth the time and expense to do that.

 

[Just Blue]

What is the name of your state (only U.S. law)? PA

Good morning, I'm writing on behalf of my gf in Philly. Last Friday she rear ended a woman & her 2 kids. No one @ the time claimed injury, but my gf's car was damaged. She phoned her insurance company & they had her send her car to some mechanic. Yesterday, an insurance agent phoned her & told her the adjuster is declaring her vehicle totalled. They also said they'll be removing the car from the body shop. She's upset especially because she's still making payments on her car. I wanted to upload pictures, but I don't see where I can do that.
Can the insurance company take her car?
Can she take the car to another body shop?

Thanks in advance.

GF in Philly should post for herself.

 

[ecmst12]

It almost never makes financial sense to keep a totalled vehicle, especially in PA (and many other states) where you will have to jump through many hoops to make it legal to register after being totalled, and you will have a hard time insuring a salvaged vehicle, and the value will be at least cut in half. As far as the loan goes, the insurance company will pay for the value of the vehicle. If that is more than what she owes, they will pay off the loan first and give the rest to her. If it's less than what she owes, and she has gap insurance, then the loan will be paid off but she won't get anything in her pocket. If it's less than what she owes and she does NOT have gap insurance, then she'll still owe the balance and she'll have to arrange payment with the leinholder.

 

[disneykid52]

GF in Philly should post for herself.

Not everyone has a computer (or even know how to use one)

 

[Just Blue]

Not everyone has a computer (or even know how to use one)

Then OP could have his GF use his computer or she can go to the local library. If she has no idea how to "use" a computer (scoff) she can ask an attorney. Free consults are abundent.

 

[ecmst12]

Or OP can pass on the information I provided to her. If she wants more details, she can ask, but this isn't family law, there are no privacy issues or large amounts of background info needed to answer a basic question.

 

[Bali Hai]

She is insured and it is the insurance company's determination that the car is totaled. Taking it to another body shop won't get her anywhere.

Usually the car can be kept but the insurance company will pay a reduced amount. Also, do you know how difficult it is to get a totaled car legally back on the road? It is rarely worth the time and expense to do that.

There are some exceptions. A similar occurance happened to me in the early 2000's. The insurance payout was more than the purchase price of the four year old car and the loan was nearly paid off. The damage to the front end was minor, hood mostly and grille. But because the air bags deployed they totalled the vehicle. I bought back the vehicle, put it on my property and sold everything anyone would buy, tires and rims, engine/tranny, lights, mirrors, trunk lid, gas tank with electronic fuel pump, glass, etc. etc., and then had a scrap metal company buy the rest and haul it off.

This obviously isn't for everyone but it worked out well for me.

 

[Just Blue]

Or OP can pass on the information I provided to her. If she wants more details, she can ask, but this isn't family law, there are no privacy issues or large amounts of background info needed to answer a basic question.

I'll agree to disagree.